Bragdon v. Abbott: Is Asymptomatic HIV a Per Se Disability Under the Americans with Disabilities Act?

Authors

Amy C. Reeder

Publication Date

3-1999

Document Type

Casenote

Abstract

In Bragdon v. Abbott, the United States Supreme Court held that asymptomatic HIV is a "disability" under the Americans with Disabilities Act ("ADA") because it is a physical impairment that substantially limits the major life activity of reproduction. It further held that determining whether a plaintiff is entitled to relief requires objective and particularized evidence of the risks to the defendant under the "direct threat" provisions of the ADA. This Casenote focuses exclusively on the "disability" holding.

Recommended Citation

Reeder, Amy C. (1999) "Bragdon v. Abbott: Is Asymptomatic HIV a Per Se Disability Under the Americans with Disabilities Act?," Mercer Law Review: Vol. 50: No. 2, Article 7.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol50/iss2/7